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Don Ellis Mcclure Jr.

Don Mcclure’s Answers

37 total

  • Modifying back child support

    I live in Houston Tx and my ex lives in FT. Worth, TX... my income has been garnished for years but now I'm on unemployment . Can the court lower my monthly payment due to my income being significantly lowered

    Don’s Answer

    Yes. The time since the last Order was issued as to child support may play a role, but if there has been a significant and substantial change, then you should be okay. Also, look to see what the difference would be between what the currently ordered child support and what your child support would be today. If it is greater than $100.00 different (monthly) or 20% different, that will also help your case. You can go through the Office of the Attorney General, but it will take longer than going through a private attorney.

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  • What do i do if charged with theft over $350 and guilty by assocation

    arressted by association on theft case. what do i do

    Don’s Answer

    I am not sure what you consider to be "guilt by association"? If it is the "law of the parties" where you were an active participant, then I agree with the other answers posted. If you were just present and, perhaps, did not know about the theft before or during the theft, there may be room to argue. Recently, I had this type of situation. In the end, the active participant received a Pre-Trial Diversion and the charges agaainst the unknowing party were dissmissed. I also note that you may be a juvenile. If so, you still need an attorney to help evaluate your case.

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  • I am a father of three and would like to seek custody of my three children is it possible in Texas?

    My wife and I are on the verge of divorce and I as the father would like to know if I could get primary custody of our kids since I do majority of the parenting. I have been taking care of our children since they have been born and I feel that ju...

    Don’s Answer

    Yes. While some Courts still view the mother as the better primary care parent, times and attitudes are changing - especially in the larger cities. If you can document what you said here, I think you have a good, fighting chance. Find a good lawyer in Dallas. Good luck!

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  • I didnt complete all comm.serv.while on prob. but complied with everything else...can I still be violated though my prob.is over

    I got in trouble last yr for not having everything done prior to being off prob. So i was given wkends in jail and 1 additional yr on prob._ I was supposed to be off on may 12,2010.But Im still coming up short on the hrs. Ive complied w/ everythin...

    Don’s Answer

    If your probation was terminated on May 12, 2010, then you probably have little to worry about. However, it is a little concerning that you are unsure if you were actually taken off of probation. You should call your PO. Another option is go to the court clerk's office and look in the file. Either way, you need to take action to make sure that you are actually off of probation.

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  • Early Termination for Deferred A.

    I was convicted of Agg. Assault with weapon (heavy paper weight). I received 5 yrs probation, fines/restitution and community service. I have paid off all fines and restitution and done with CS. I am being repeatly denied jobs after jobs for this....

    Don’s Answer

    You may be able to terminate your probation early, but a lot of that depends on the Judge and especially on your probation officer. If your PO wrote negative things about you, then you will have an uphill battle. Also, the fact that this is an aggravated offense is working against you. One question that you need to ask is 'Will I still be denied jobs/pharmacy exam even if I terminaate early?". I doubt that you are being denied these jobs just because you are on probation - but are being denied jobs because of your felony conviction. However, if you were placed on a deferred probation, you were not convicted of this felony and that could make a difference. Double check this issue.

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  • How do I get my husband out of jail and charges dropped of possesion of an uncontrolled substance and for jumping his probation?

    My husband fled the country while on probation and was deported by US Marshalls a couple of days ago. He is being detained in the harris county jail downtown. What will be his sentence 4 that crime?

    Don’s Answer

    There is no possible way to answer this question as there are too many missing facts.

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  • How do i get an Order of Non-Disclosure started and how much will it cost me?

    i recieved 1 year deferred for possession of marijuana < 2 oz in 2005, completed without default and its the only thing on my record. Can i file an order of Non- Disclosure on my own, or will i need an attorney? Also how much will this cost me?

    Don’s Answer

    Yes, you are eligible to file a Motion for Non-Disclosure. The actual forms are not difficult, but anytime you are dealing with a legal issue, it is a good idea to hire an attorney. In addition, an experienced attorney will know how to make sure that all of the proper entities are on notice of the non-disclosure. Attorney's fees will probably vary from about $500 - $1,500.00.

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  • How do I check the status after filing charges on someone 5 years ago?

    I called constantly to check on the status of the charges that were filed, and was always told that there was a high volume of complaint. I was told that it could take a while. Well, five years have passed and I still havent heard anything.

    Don’s Answer

    That is a very long time to be waiting. I would personally go to the District Attorney's office (or County Attorney where applicable) and speak to someone directly. I agree that a Statute of Limitations issue may be present depending on the charge. A statute of limitation basically barrs any further action to be taken after a certain amount of time.

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  • What happens when you violate deferred adjudication for the first time in tx?

    My husband received deferred adjudication for 5 years on a domestic violence case. Just four days after he signed he was involved in a DWI case. The DWI case is still pending as he was arrested for the violation of his defferred adjudication whil...

    Don’s Answer

    I believe that there may be too much missing information to really answer this question. In general, the Judge has complete discretion as to sentencing your husband within the range of punishment. I cannot tell you the range of punishment because I do not know the level of the charge. The Judge could also extend his probation or put in additional conditions as to his probation. The only issue at a hearing will be whether or not there was a violation of his probation. As every Judge is different, you need to hire an attorney who knows what the Judge has done in the past in a similar situation. It is too difficult to guess at a range without knowing more specifics, not only as to your husband's case, but also as to the specifics of the Court.

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  • I was convicted in 2007 of a class c felony and given probation in arkansas. Will this affect me getting a job in texas?

    Class C Felony(criminal mischief in the 1st) I was sentenced to 3 years probation and finished 1 yr 7 months 6 days early. At the beginning I was told it was the kind that does not go away, but have recently been hearing that early termination in ...

    Don’s Answer

    You need to contact an Arkansas attorney to review the case file and make a determination as to whether an expunction would be applicable.

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